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A BILL TO BE ENTITLED
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AN ACT
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relating to the prevention of truancy and the offense of failure to |
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attend school; providing a penalty. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article 45.054(i), Code of Criminal Procedure, |
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is amended to read as follows: |
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(i) A county, justice, or municipal court shall dismiss the |
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complaint against an individual alleging that the individual |
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committed an offense under Section 25.094, Education Code, if: |
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(1) the court finds that the individual has |
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successfully complied with the conditions imposed on the individual |
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by the court under this article; or |
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(2) the individual presents to the court proof that |
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the individual has obtained a high school diploma or a high school |
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equivalency certificate after taking a high school equivalency |
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examination administered under Section 7.111, Education Code. |
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SECTION 2. Article 45.055(e), Code of Criminal Procedure, |
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is amended to read as follows: |
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(e) A court shall expunge an individual's conviction under |
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Section 25.094, Education Code, and records relating to a |
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conviction, regardless of whether the individual has previously |
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been convicted of an offense under that section, if: |
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(1) the court finds that the individual has |
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successfully complied with the conditions imposed on the individual |
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by the court under Article 45.054; or |
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(2) before the individual's 21st birthday, the |
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individual presents to the court proof that the individual has |
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obtained a high school diploma or a high school equivalency |
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certificate after taking a high school equivalency examination |
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administered under Section 7.111, Education Code. |
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SECTION 3. Section 25.085, Education Code, is amended by |
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amending Subsection (e) and adding Subsections (g) and (h) to read |
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as follows: |
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(e) A person who voluntarily enrolls in school or |
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voluntarily attends school after the person's 18th birthday shall |
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attend school each school day for the entire period the program of |
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instruction is offered. A school district may revoke for the |
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remainder of the school year the enrollment of a person who has more |
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than five absences in a semester that are not excused under Section |
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25.087, except that a school district may not revoke the enrollment |
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of a person under this subsection on a day on which the person is |
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physically present at school. A person whose enrollment is revoked |
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under this subsection may be considered an unauthorized person on |
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school district grounds for purposes of Section 37.107. |
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(g) After the third unexcused absence of a person described |
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by Subsection (e), a school district shall issue a warning letter to |
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the person that states the person's enrollment may be revoked for |
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the remainder of the school year if the person has more than five |
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unexcused absences in a semester. |
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(h) As an alternative to revoking a person's enrollment |
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under Subsection (e), a school district may impose a behavior |
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improvement plan described by Section 25.0915(a-1)(1). |
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SECTION 4. Section 25.0915, Education Code, is amended by |
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amending Subsection (a) and adding Subsections (a-1), (a-2), (d), |
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and (e) to read as follows: |
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(a) A school district shall adopt truancy prevention |
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measures designed to: |
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(1) address student conduct related to truancy in the |
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school setting before the student violates Section 25.094; |
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(2) minimize the need for referrals to juvenile court |
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for conduct described by Section 51.03(b)(2), Family Code; and |
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(3) minimize the filing of complaints in county, |
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justice, and municipal courts alleging a violation of Section |
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25.094. |
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(a-1) As a truancy prevention measure under Subsection (a), |
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a school district may take one or more of the following actions: |
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(1) impose: |
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(A) a behavior improvement plan on the student |
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that must be signed by an employee of the school, that the school |
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district has made a good faith effort to have signed by the student |
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and the student's parent or guardian, and that includes: |
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(i) a specific description of the behavior |
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that is required or prohibited for the student; |
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(ii) the period for which the plan will be |
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effective, not to exceed 45 school days after the date the contract |
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becomes effective; or |
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(iii) the penalties for additional |
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absences, including additional disciplinary action or the referral |
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of the student to a juvenile court; or |
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(B) school-based community service; or |
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(2) refer the student to counseling, community-based |
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services, or other in-school or out-of-school services aimed at |
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addressing the student's truancy. |
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(a-2) A referral made under Subsection (a-1)(2) may include |
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participation by the child's parent or guardian if necessary. |
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(d) Except as provided by Subsection (e), a school district |
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shall employ a truancy prevention facilitator to implement the |
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truancy prevention measures required by this section and any other |
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effective truancy prevention measures as determined by the school |
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district or campus. At least annually, the truancy prevention |
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facilitator shall meet to discuss effective truancy prevention |
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measures with a case manager or other individual designated by a |
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juvenile or criminal court to provide services to students of the |
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school district in truancy cases. |
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(e) Instead of employing a truancy prevention facilitator, |
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a school district may designate an existing district employee to |
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implement the truancy prevention measures required by this section |
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and any other effective truancy prevention measures as determined |
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by the school district or campus. |
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SECTION 5. Section 25.094(e), Education Code, is amended to |
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read as follows: |
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(e) An offense under this section is a [Class C] misdemeanor |
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punishable by a fine not to exceed: |
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(1) $100 for a first offense; |
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(2) $200 for a second offense; |
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(3) $300 for a third offense; |
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(4) $400 for a fourth offense; or |
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(5) $500 for a fifth or subsequent offense. |
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SECTION 6. Sections 25.0951(a) and (b), Education Code, are |
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amended to read as follows: |
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(a) If a student fails to attend school without excuse on 10 |
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or more days or parts of days within a six-month period in the same |
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school year, a school district shall within 10 school days of the |
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student's 10th absence: |
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(1) file a complaint against the student or the |
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student's parent or, if the district provides evidence that both |
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the student and the student's parent contributed to the student's |
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failure to attend school, both the student and the parent in a |
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county, justice, or municipal court for an offense under Section |
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25.093 or 25.094, as appropriate, or refer the student to a juvenile |
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court in a county with a population of less than 100,000 for conduct |
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that violates Section 25.094; or |
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(2) refer the student to a juvenile court for conduct |
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indicating a need for supervision under Section 51.03(b)(2), Family |
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Code. |
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(b) If a student fails to attend school without excuse on |
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three or more days or parts of days within a four-week period but |
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does not fail to attend school for the time described by Subsection |
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(a), the school district may: |
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(1) file a complaint against the student or the |
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student's parent or, if the district provides evidence that both |
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the student and the student's parent contributed to the student's |
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failure to attend school, both the student and the parent in a |
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county, justice, or municipal court for an offense under Section |
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25.093 or 25.094, as appropriate, or refer the student to a juvenile |
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court in a county with a population of less than 100,000 for conduct |
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that violates Section 25.094; or |
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(2) refer the student to a juvenile court for conduct |
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indicating a need for supervision under Section 51.03(b)(2), Family |
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Code. |
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SECTION 7. The changes in law made by this Act apply only to |
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conduct violating Section 25.094, Education Code, on or after the |
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effective date of this Act. A violation that occurs before the |
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effective date of this Act is covered by the law in effect on the |
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date the violation occurred, and the former law is continued in |
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effect for that purpose. For purposes of this section, a violation |
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occurs before the effective date of this Act if any element of the |
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violation occurs before that date. |
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SECTION 8. This Act takes effect September 1, 2015. |